Local 636 of the International Brotherhood of Electrical Workers v. Ajax Hydro-Electric Commission, 1980 CanLII 754

Local 636 of the International Brotherhood of Electrical Workers v. Ajax Hydro-Electric Commission

[1980] OLRB Rep. February 137

1899-79-R Local 636 of the International Brotherhood of Electrical Workers, Applicant, v. Ajax Hydro-Electric Commission, Respondent.

BEFORE: R. A. Furness, Vice-Chairman, and Board Members O. Hodges and F. W. Murray.

APPEARANCES: Win. J. Moore and J. Miller for the applicant; no one appearing for the respondent.

DECISION OF THE BOARD; February 28, 1980

1The applicant has applied to the Board under section 55 of The Labour Relations Act with respect to its bargaining rights. The applicant alleged in its application that a sale of a business by the Hydro-Electric Commission of the Town of Ajax, the Public Utilities Commission of the Village of Pickering and Ontario Hydro to the respondent allegedly took place on or about January 1, 1980. The applicant has also alleged in its application that an erection of one or more municipalities into another municipality or an amalgamation, union or other joining of two or more municipalities involving the respondent and the Hydro-Electric Commission of the Town of Ajax, the Public Utilities Commission of the Village of Pickering and Ontario Hydro allegedly took place on or about January 1, 1980. The applicant has in its application adopted the position that, as a result of the foregoing, the respondent is either bound by a collective agreement dated March 1, 1978, which was entered into by the applicant and the Hydro-Electric Commission of the Town of Ajax, or the respondent is required to bargain with the applicant with a view to making a collective agreement. The applicant has also alleged in its application that a change in the character of the business so that it is substantially different from the business of the predecessor employer has not taken place. The applicant has further alleged in its application that an intermingling of employees of one business with employees of another business represented by a trade union has taken place, or is about to take place.

2In its application the applicant has set forth the following statements:

"(a) Prior to January 1st, 1980 the Applicant was bargaining agent for the employees engaged in the distribution and supply of power in the area within the area municipalities of the Town of Ajax, in the Regional Municipality of Durham and was party to the following Collective Agreement with the Municipalities, Local Boards or Commissions, as the case may be:

(i) The Applicant is party to a Collective Agreement dated March 1, 1978 with the Hydro-Electric Commission of the Town of Ajax for the office and outside employees in the employ of the said Ajax Hydro.

(b) Prior to January 1st, 1980, the employees of the Public Utilities Commission of the Village of Pickering engaged in the distribution and supply of power were not represented by any Trade Union.

(c) Prior to January 1st, 1980, the employees of Ontario Hydro rural service were represented by Canadian Union of Public Employees Local 1000.

(d) In accordance with the Durham Municipal Hydro-Electric Service Act 1979, from and after January 1st, 1980 the exclusive responsibility and authority for the distribution and supply of power in the area within the area municipalities of the Town of Ajax, The Village of Pickering, in the Regional Municipality of Durham was vested in the Respondent and certain of the employees of [the Hydro-Electric Commission of the Town of Ajax, the Public Utilities Commission of the Village of Pickering and Ontario Hydro] became employees of the Respondent."

3The applicant in its application has requested the following relief:

(a) A declaration that the applicant is bargaining agent for the employees of the respondent engaged in the distribution and supply of power within the area municipalities of the Town of Ajax, the Village of Pickering and the Regional Municipality of Durham.

(b) A declaration that the respondent is bound by the collective agreement referred to in paragraph one herein for the employees covered by the bargaining unit set forth in (a), or,

(c) an order that the respondent is required to bargain with the applicant with a view to making a collective agreement for the employees engaged in the bargaining unit set forth in (a).

4The respondent in its reply stated that it had assumed the assets and liabilities of the Hydro-Electric Commission of the Town of Ajax and the Public Utilities Commission of the Village of Pickering and had purchased certain assets of Ontario Hydro within the Town of Ajax. The respondent further stated in its reply that it had no objection to the application except for matters referred to in paragraph 2(b) and 2(d) herein. The respondent also stated that Pickering Village Public Utilities Commission did not have employees and that the two part-time functions, i.e., meter reading and management were performed by contract and that the people involved were not entitled to transfer or union membership.

5On June 22, 1979, Bill 123, an Act to provide for Municipal Hydro-Electric Service in the Regional Municipality of Durham, came into force. The short title of this Act is The Durham Municipal Hydro-Electric Service Act, 1979, (the "Act"). This Act established the respondent and various other hydro-electric commissions for various other area municipalities. Under this Act for the term expiring on November 30, 1980, the respondent consisted of the mayor of the Town of Ajax and certain persons to be appointed by the council of the Town of Ajax from (a) the Hydro-Electric Commission of the Town of Ajax as it existed immediately before the coming into force of this Act, (b) the Public Utilities Commission of the Village of Pickering as it existed immediately before the coming into force of the Act, and (c) a resident outside the part of the Town of Ajax supplied with power by a municipal commission immediately before the coming into force of this Act.

6In addition, the Act provides that certain powers, rights, authorities and privileges with respect to power were on and after January 1, 1980, to be exercised on behalf of the Town of Ajax by the respondent. With certain exceptions, the respondent has the sole right to distribute and supply power within the Town of Ajax. On January 1, 1980, all assets under the control and management of and all liabilities of the Hydro-Electric Commission of the Town of Ajax and the Public Utilities Commission of the Village of Pickering, became without compensation, assets under the control and management of and liabilities of the respondent. In addition, on or before January 1, 1980, the respondent was required to purchase on behalf of the Town of Ajax, and Ontario Hydro was required to sell to the respondent the assets and liabilities of Ontario Hydro that pertain to the distribution and supply of power at retail in the Town of Ajax.

7The Act also provides for the transfer of employees who were employed in the distribution and supply of power to the respondent, the payment of wages or salaries by the respondent to such employees and the transfer and application of pension credits and guarantees, group life insurance and sick leave.

8The Board served notice of this application on those parties which had been listed by the applicant as either predecessor employers or as having an interest in this application. The Board served notice of this application on the Hydro-Electric Commission of the Town of Ajax, the Public Utilities Commission of the Village of Pickering, Ontario Hydro and the Canadian Union of Public Employees, Local 1000. None of these parties either appeared before the Board or made representations to the Board.

9During the hearing the applicant informed the Board that none of the employees of Ontario Hydro had become employees of the respondent and that there were no employees of the Public Utilities Commission of the Village of Pickering involved in this application. The applicant advised the Board that meter reading and management functions for the Public Utilities Commission of the Village of Pickering were not performed by its employees. The applicant further advised the Board that twelve employees are affected by this application and that the respondent had neither sent a letter to the applicant with respect to the relief it is seeking under section 55 of The Labour Relations Act nor signed a collective agreement.

10The Board finds that the respondent, the Hydro-Electric Commission of the Town of Ajax and the Public Utilities Commission of the Village of Pickering are or were municipalities as defined in section 1(f) of The Municipal Affairs Act, R.S.O. 1970, c. 118, as amended. The Board further finds that either the Hydro-Electric Commission of the Town of Ajax and the Public Utilities Commission of the Village of Pickering have been erected into the respondent or the Hydro-Electric Commission of the Town of Ajax and the Public Utilities Commission of the Village of Pickering have been amalgamated, united or otherwise joined together to form the respondent within the meaning of section 55(11) of The Labour Relations Act. By virtue of section 55(11)(b) the respondent has the like rights and obligations as a person to whom a business is sold under section 55 and who intermingles the employees of one of his businesses with those of another of his businesses. By virtue of section 55(11)(c) the applicant has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under section 55. While there is a deemed intermingling of employees under section 55(11), in actual fact only the former employees of the Hydro-Electric Commission of the Town of Ajax who became employees of the respondent are affected by this application.

11The applicant and the Hydro-Electric Commission of the Town of Ajax were bound by a collective agreement which became effective on March 1, 1978, and remained in effect until February 28, 1980. The bargaining unit set forth in the collective agreement is defined as "all employees of the [Hydro-Electric Commission of the Town of Ajax], save and except foremen, those above the rank of foreman, and the secretary to the general manager".

12Having regard to the foregoing and pursuant to sections 55(2) and (3) of The Labour Relations Act, the Board declares that the respondent became bound by the collective agreement referred to in paragraph 11 on January 1, 1980, and that the applicant continues to be the bargaining agent for the respondent's employees in the like bargaining unit.